Replies to post #118145 on Amarin Corp Plc (AMRN)

[north40000]

ITC decision, pdf

file:///C:/Users/Admin/Downloads/1238112-627055.pdf

October 27, 2017

"Re: Complaint Filed by Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Ltd.
Concerning Certain Synthetically Produced, Predominantly EPA Omega-3 Products in
Ethyl Ester or Re-esterified Triglyceride Form (Docket No. 3247)

Dear Mr. Telep:
Under Commission Rules 210.9, 210.10 and 210.12(a)(2), (3) and (8), 19 C.F.R. §§
210.9, 210.10, 210.12(a)(2), (3) and (8), the Commission has determined not to institute an
investigation based on the complaint filed on behalf of Amarin Pharma, Inc. and Amarin
Pharmaceuticals Ireland Ltd. (collectively “Amarin”) concerning Certain Synthetically Produced,
Predominantly EPA Omega-3 Products in Ethyl Ester or Re-esterified Triglyceride Form, and
has dismissed the complaint.
Amarin’s complaint does not allege an unfair method of competition or an unfair act
cognizable under 19 U.S.C. § 1337(a)(1)(A), as required by the statute and the Commission’s
rules. The Commission notes that the Lanham Act allegations in this case are precluded by the
Food, Drug and Cosmetic Act (“FDCA”). The Commission also notes that the Food and Drug
Administration is charged with the administration of the FDCA.

Documents relating to this institution determination, including comments from the
complainant, proposed respondents, and the public, can be found on the Commission’s
Electronic Document Information System (EDIS) under Docket Number 3247.

Sincerely,


Lisa R. Barton
Secretary to the Commission


October 27, 2017
CONCURRING WILEMORAND UIVI
TO: THE SECRETARY'
FROM: Commissioner Meredith M. Broadbent[Initials}
SUBJECT: Complaint of Amarin Pharma, Inc. concerning Certain Synthetically Produced,
Predominantly EPA Omega-3 Products in Ethyl Ester or Re-Esterified Triglyceride Form
(Docket No. 3247)

Commissioner Broadbent concurs with the Commission's finding that Amarin's complaint does not
allege an unfair method of competition or an unfair act under section 337(a)(1)(A) of the Tariff Act of
1930, as amended, 19 U.S.C. § 1337(a)(1)(A). She notes, however, that she does not reach the issue of
whether properly pleaded claims based on the Food, Drug, and Cosmetic Act may be cognizable under section 337(a)(1)(A)